Bombay High Court
Vivek @ Vicky S/O Rajesh Joshi vs State Of Maha, Thr Pso. Ps. Umarkhed, ... on 8 May, 2025
2025:BHC-NAG:5240
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(1)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
CRIMINAL APPEAL NO.206 OF 2025
Vivek @ Vicky s/o Rajesh Joshi,
Aged about 24 Years,
Occupation : Labour,
R/o Shastri Ward, Umarkhed,
Taluka Umarkhed, District Yavatmal. ..... APPELLANT
// VERSUS //
1. The State of Maharashtra,
Through Police Station Officer,
Umarkhed, Taluka Umarkhed,
District Yavatmal.
2. Girish Uttam Dangore,
Aged about 24 Years,
Occupation : Student,
R/o Hanuman Ward,
Umarkhed, Taluka Umarkhed,
District Yavatmal. .... RESPONDENTS
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Mr. S. V. Sirpurkar, Counsel for the appellant.
Ms. Ritu Sharma, APP for the respondent No.1 /State.
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CORAM : URMILA JOSHI-PHALKE, J.
DATED : 08.05.2025
1. Heard.
2. Admit.
3. By preferring this appeal, the appellant has challenged
the order dated 16.10.2024 passed by the learned District Judge - 2
and Additional Sessions Judge, Pusad, District Yavatmal in Criminal
Bail Application No.330/2024, rejecting the application of the
present appellant for grant of anticipatory bail.
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4. The appellant is apprehending arrest at the hands of
police in connection with Crime No.529/2024 registered with Police
Station Umarkhed, District Yavatmal, for the offence punishable
under Sections 118(1), 115(2), 3(5), 324(4), 189(2), 191(2)(3),
190 of the Bharatiya Nyaya Sanhita, 2023, under Section 4/25 of
Indian Arms Act and under Sections 3(1) (r), 3 (1)(s), 3 (2)(va) of
the Scheduled Castes and the Scheduled Tribes (Prevention of
Atrocities) Act, 1989 (for short 'the Act of 1989').
5. As per the prosecution case, the complainant Girish
Dongore, who is belonging to the Scheduled Caste filed a report on
06.08.2024 and alleging that he was taking dinner in Sardar Dabha
of Nandgavhan along with his friend and at that time, the present
appellant and the other co-accused uttered words abusing him on
his caste, thereafter the complainant and his friend started
proceeding to Umarkhed. At that time, the present appellant along
with the other co-accused came to his house armed with weapons
like sword and the fighter and caused injuries to the injured as well
as the informant. In the said incident, his mother and brother also
intervened and pacified quarrel. They were also assaulted by the
present appellant and the present appellant also caused damage to
their house. On the basis of the said report, police have registered
the crime.
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(3)
6. After registration of the crime, the appellant approached
to the learned Special Court for grant of anticipatory bail in the
event of arrest, but the learned Special Court has rejected the
application in view of bar under Section 18 of the Act of 1989.
7. Heard learned Counsel for the appellant, who submitted
that appellant is ready to surrender before the learned Special
Court, in between, he be protected for one week. He will cooperate
with the investigating agency if his attendance is required. In view
of that, he be protected for a limited period.
8. Learned APP strongly opposed for the same and
submitted that as far as the investigation is concerned, which is
already completed, the weapons are already recovered. In view of
that, the appeal deserves to be rejected, considering the role
attributed to the present appellant.
9. On hearing both sides and on perusal of the entire
investigation papers, it reveals that the specific role is attributed to
the present appellant who visited the house of the informant along
with weapons like sword and the fighter. In the said incident, the
injured and the informant both have sustained the injuries. They
have also caused the damage to the house. Considering all these
aspects and considering the statement made by the learned Counsel
for the appellant, the appellant can be permitted to surrender
13.apeal.206.2025.judgment ..........odt
(4)
before the Special Court and during the interval time, he can be
protected by granting ad-interim protection. Accordingly, I proceed
to pass following order:
ORDER
(i) In the event of arrest in connection with
Crime No.529/2024 registered with Police Station
Umarkhed, District Yavatmal, the appellant Vivek
@ Vicky s/o Rajesh Joshi shall be released on
ad-interim anticipatory bail for ten days for the
offence punishable under Sections 118(1), 115(2),
3(5), 324(4), 189(2), 191(2)(3), 190 of the
Bharatiya Nyaya Sanhita, 2023, under Section
4/25 of Indian Arms Act and under Sections 3(1)
(r), 3 (1)(s), 3 (2)(va) of the Scheduled Castes
and the Scheduled Tribes (Prevention of Atrocities)
Act, 1989, on executing PR bond of Rs.25,000/-
with one solvent surety in the like amount.
(ii) The appellant shall surrender before the
Special Court on 13.05.2025 and shall file an
appropriate application.
(iii) The Special Court shall consider his
application on its own merits expeditiously.
The appeal No.206/2025 in view of the
above disposed of.
(URMILA JOSHI-PHALKE, J.)
Sarkate.
Signed by: Mr. A.R. Sarkate
Designation: PA To Honourable Judge
Date: 02/06/2025 15:34:08
